Department of Labor & Industries v. Avundes

This case requires us to decide whether an injured worker’s employment was essentially intermittent under RCW 51.08.178(2). The Department of Labor and Industries (Department) found the worker’s employment was essentially intermittent and, therefore, determined his wages by the wage averaging provision set forth in RCW 51.08.178(2)(b). The Board of Industrial Insurance Appeals (BIIA) reversed, finding the worker not intermittent under RCW 51.08.178(2). The superior court and the Court of Appeals affirmed. We affirm.

FACTS

Respondent Eladio Abundes (Abundes)1 was employed as a general farm…